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House File 2539 - IntroducedA Bill ForAn Act 1relating to open meetings and open records, providing
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 21.6, subsection 3, paragraphs a and d,
2Code 2024, are amended to read as follows:
3a. Shall assess each member of the governmental body who
4participated in its violation damages in the amount of not more
5than two thousand five hundred dollars and not less than one
6 five hundred dollars. However, if a member of a governmental
7body knowingly participated in such a violation, damages
8shall be in the amount of not more than two twelve thousand
9five hundred dollars and not less than one five thousand
10dollars. These damages shall be paid by the court imposing
11it to the state of Iowa, if the body in question is a state
12governmental body, or to the local government involved if the
13body in question is a local governmental body. A member of a
14governmental body found to have violated this chapter shall not
15be assessed such damages if that member proves that the member
16did any of the following:
17(1) Voted against the closed session.
18(2) Had good reason to believe and in good faith believed
19facts which, if true, would have indicated compliance with all
20the requirements of this chapter.
21(3) Reasonably relied upon a decision of a court, a formal
22opinion of the Iowa public information board, the attorney
23general, or the attorney for the governmental body, given in
24writing, or as memorialized in the minutes of the meeting at
25which a formal oral opinion was given, or an advisory opinion
26of the Iowa public information board, the attorney general, or
27the attorney for the governmental body, given in writing.
28d. Shall issue an order removing a member of a governmental
29body from office if that member has engaged in a prior
30violation of this chapter for which damages were assessed
31against the member during the member’s term.
32 Sec. 2. NEW SECTION. 21.12 Member education course
33required.
341. An elected or appointed public official who is a member
35of a governmental body shall complete a course of training of
-1-1not less than one and not more than two hours regarding the
2responsibilities of the governmental body and the governmental
3body’s members under chapters 21 and 22 not later than the
4ninetieth day after the date the member does one of the
5following, as applicable:
6a. Takes the oath of office.
7b. Assumes responsibilities, if the member is not required
8to take an oath of office.
9c. Reelected or reappointed to the position.
102. The Iowa public information board shall ensure that the
11training is made available. The Iowa public information board
12may provide the training and may also approve any acceptable
13course of training offered by a governmental body or other
14entity. The Iowa public information board shall ensure that at
15least one course of training approved or provided by the Iowa
16public information board is available at no cost.
173. The Iowa public information board or other entity
18providing the training shall provide a certificate of course
19completion to persons who complete the training required by
20this section. A governmental body shall maintain and make
21available for public inspection the record of the governmental
22body’s members’ completion of the training.
23a. Completing the required training as a member of
24the governmental body satisfies the requirements of this
25section with regard to the member’s service on a committee or
26subcommittee of the governmental body and the member’s service
27on any other governmental body.
28b. The training required by this section may be used to
29satisfy any corresponding training requirements concerning
30chapters 21 and 22 as required by law for the members of a
31governmental body.
324. If one or more members of a governmental body fail to
33complete the training required by this section, the failure
34does not affect the validity of an action taken by the
35governmental body. However, the member must complete training
-2-1within sixty days or may be fined pursuant to section 21.6,
2subsection 3.
3 Sec. 3. Section 23.10, subsection 3, paragraph b,
4subparagraph (1), Code 2024, is amended to read as follows:
5(1) Require the respondent to pay damages as provided for in
6section 21.6, 21.12, or 22.10, whichever is applicable, to the
7extent that provision would make such damages payable if the
8complainant had sought to enforce a violation in court instead
9of through the board.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13Under current law, a court is required to assess a person who
14participated in a violation of Code chapter 21 (open meetings)
15damages between $100 and $500. This bill increases the damages
16to between $500 and $2,500. Under current law, if a violation
17was knowingly committed, a court is required to assess the
18person damages between $1,000 and $2,500. The bill increases
19the damages to between $5,000 and $12,500.
20The bill requires a court to issue an order removing a member
21of a governmental body from office if that member has engaged
22in a prior violation of Code chapter 21 regardless of whether
23damages were assessed against the member during the member’s
24term, which is a prerequisite to removal under current law.
25The bill requires an elected or appointed public official
26who is a member of a governmental body to complete a course of
27training regarding the responsibilities of the governmental
28body and the governmental body’s members under Code chapters
2921 and 22 (open records) not later than the 90th day after the
30date the member does one of the following: (1) takes the oath
31of office, (2) assumes responsibilities, if the member is not
32required to take an oath of office, or (3) is reelected or
33reappointed to the position.
34The bill requires the Iowa public information board to
35ensure that the training is made available. The board may
-3-1provide the training and approve any acceptable course of
2training offered by a governmental body or other entity.
3The board shall ensure that at least one course of training
4approved or provided by the board is available at no cost.
5The bill requires the board or other entity providing
6the training to provide a certificate of course completion,
7which the governmental body must make available for public
8inspection.
9The bill provides that if a member fails to complete the
10required training, the failure does not affect the validity of
11an action taken by the governmental body. However, the member
12must complete training within 60 days or may be subject to
13penalties and damages pursuant to Code section 21.6.
-4-cm/ns
2penalties, and making penalties applicable.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 21.6, subsection 3, paragraphs a and d,
2Code 2024, are amended to read as follows:
3a. Shall assess each member of the governmental body who
4participated in its violation damages in the amount of not more
5than two thousand five hundred dollars and not less than one
6 five hundred dollars. However, if a member of a governmental
7body knowingly participated in such a violation, damages
8shall be in the amount of not more than two twelve thousand
9five hundred dollars and not less than one five thousand
10dollars. These damages shall be paid by the court imposing
11it to the state of Iowa, if the body in question is a state
12governmental body, or to the local government involved if the
13body in question is a local governmental body. A member of a
14governmental body found to have violated this chapter shall not
15be assessed such damages if that member proves that the member
16did any of the following:
17(1) Voted against the closed session.
18(2) Had good reason to believe and in good faith believed
19facts which, if true, would have indicated compliance with all
20the requirements of this chapter.
21(3) Reasonably relied upon a decision of a court, a formal
22opinion of the Iowa public information board, the attorney
23general, or the attorney for the governmental body, given in
24writing, or as memorialized in the minutes of the meeting at
25which a formal oral opinion was given, or an advisory opinion
26of the Iowa public information board, the attorney general, or
27the attorney for the governmental body, given in writing.
28d. Shall issue an order removing a member of a governmental
29body from office if that member has engaged in a prior
30violation of this chapter for which damages were assessed
31against the member during the member’s term.
32 Sec. 2. NEW SECTION. 21.12 Member education course
33required.
341. An elected or appointed public official who is a member
35of a governmental body shall complete a course of training of
-1-1not less than one and not more than two hours regarding the
2responsibilities of the governmental body and the governmental
3body’s members under chapters 21 and 22 not later than the
4ninetieth day after the date the member does one of the
5following, as applicable:
6a. Takes the oath of office.
7b. Assumes responsibilities, if the member is not required
8to take an oath of office.
9c. Reelected or reappointed to the position.
102. The Iowa public information board shall ensure that the
11training is made available. The Iowa public information board
12may provide the training and may also approve any acceptable
13course of training offered by a governmental body or other
14entity. The Iowa public information board shall ensure that at
15least one course of training approved or provided by the Iowa
16public information board is available at no cost.
173. The Iowa public information board or other entity
18providing the training shall provide a certificate of course
19completion to persons who complete the training required by
20this section. A governmental body shall maintain and make
21available for public inspection the record of the governmental
22body’s members’ completion of the training.
23a. Completing the required training as a member of
24the governmental body satisfies the requirements of this
25section with regard to the member’s service on a committee or
26subcommittee of the governmental body and the member’s service
27on any other governmental body.
28b. The training required by this section may be used to
29satisfy any corresponding training requirements concerning
30chapters 21 and 22 as required by law for the members of a
31governmental body.
324. If one or more members of a governmental body fail to
33complete the training required by this section, the failure
34does not affect the validity of an action taken by the
35governmental body. However, the member must complete training
-2-1within sixty days or may be fined pursuant to section 21.6,
2subsection 3.
3 Sec. 3. Section 23.10, subsection 3, paragraph b,
4subparagraph (1), Code 2024, is amended to read as follows:
5(1) Require the respondent to pay damages as provided for in
6section 21.6, 21.12, or 22.10, whichever is applicable, to the
7extent that provision would make such damages payable if the
8complainant had sought to enforce a violation in court instead
9of through the board.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13Under current law, a court is required to assess a person who
14participated in a violation of Code chapter 21 (open meetings)
15damages between $100 and $500. This bill increases the damages
16to between $500 and $2,500. Under current law, if a violation
17was knowingly committed, a court is required to assess the
18person damages between $1,000 and $2,500. The bill increases
19the damages to between $5,000 and $12,500.
20The bill requires a court to issue an order removing a member
21of a governmental body from office if that member has engaged
22in a prior violation of Code chapter 21 regardless of whether
23damages were assessed against the member during the member’s
24term, which is a prerequisite to removal under current law.
25The bill requires an elected or appointed public official
26who is a member of a governmental body to complete a course of
27training regarding the responsibilities of the governmental
28body and the governmental body’s members under Code chapters
2921 and 22 (open records) not later than the 90th day after the
30date the member does one of the following: (1) takes the oath
31of office, (2) assumes responsibilities, if the member is not
32required to take an oath of office, or (3) is reelected or
33reappointed to the position.
34The bill requires the Iowa public information board to
35ensure that the training is made available. The board may
-3-1provide the training and approve any acceptable course of
2training offered by a governmental body or other entity.
3The board shall ensure that at least one course of training
4approved or provided by the board is available at no cost.
5The bill requires the board or other entity providing
6the training to provide a certificate of course completion,
7which the governmental body must make available for public
8inspection.
9The bill provides that if a member fails to complete the
10required training, the failure does not affect the validity of
11an action taken by the governmental body. However, the member
12must complete training within 60 days or may be subject to
13penalties and damages pursuant to Code section 21.6.
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